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Cannabis in Montana

On November 3, 2020, residents of Montana voted to legalize cannabis for recreational use – 16 years after the state approved medical marijuana in 2004. Medical cannabis is allowed for a number of conditions, and patients (and caregivers) can access it by purchasing from licensed dispensaries or through home-growing. The Montana Department of Public Health and Human Services is currently working on finalizing laws for the program’s future.

Overview of Key Montana Cannabis Laws

Is medical cannabis allowed? Yes

Is adult-use cannabis allowed? Yes, but the state’s recreational program has not launched yet.

Personal Laws

Rules for the state’s adult-use cannabis program have not been determined yet. Currently, possession of up to 60 grams of cannabis in Montana is treated as a misdemeanor with a maximum fine of $500 and up to six months in jail for the first offense, but some local jurisdictions in the state have enacted various levels decriminalization rules. Medical marijuana patients and caregivers may possess and grow cannabis under certain limitations.

Personal Possession

Registered Medical Marijuana Patient Possession: Registered cardholders who have named a provider may possess up to 1 ounce of marijuana flower OR up to 8 grams of marijuana concentrate OR up to 800 mg of THC in marijuana-infused products or edibles OR up to 16 .5 ml vape cartridges OR up to 8 1 ml vape cartridges. Registered cardholders who have not named a provider may possess up to 4 mature plants, 4 seedlings, and up to 1 ounce of useable marijuana.

Non-Montana Resident Purchases and Possession: None

Adult-Use Possession: To be determined

Personal Growing

Registered medical marijuana patients and registered caregivers can grow cannabis plants within specific limits. Note that caregivers must apply for a Provider license.

Registered Medical Patient Growing: Registered cardholders who have not named a provider may possess up to 4 mature plants, 4 seedlings, and up to 1 ounce of useable marijuana. If more than one registered cardholder shares a residence, the maximum number allowed in that residence is 8 mature plants and 8 seedlings.

Adult-Use Growing: To be determined

Medical Cannabis Patient Qualification and Registry

Patients are required to register for a Montana Marijuana Program Card ($30 fee). Patients must have a qualifying condition and receive a medical marijuana recommendation from a state-licensed physician in order to obtain a card.

Qualifying medical conditions include:

  • Cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient’s health status
  • Cachexia or wasting syndrome
  • Severe chronic pain that is persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient’s treating physician
  • Intractable nausea or vomiting
  • Epilepsy or an intractable seizure disorder
  • Multiple sclerosis
  • Crohn’s disease
  • Painful peripheral neuropathy
  • A central nervous system disorder resulting in chronic, painful spasticity or muscle spasms
  • Admittance into hospice care in accordance with rules adopted by the department;
  • Post-traumatic Stress Disorder (PTSD)
  • Any other medical condition or treatment for a medical condition approved by the legislature

Medical Marijuana Business Laws

Vertical integration or “license stacking” is required in Montana, which means a company must hold multiple licenses across the state’s supply chain and handle growing, processing, and selling to patients. Residency is required to apply for a cannabis business license in Montana. The state has not set a limit for the number of licenses that will be granted to applicants.

Note that in order to open a dispensary in Montana, a Provider license must be obtained first. Similarly, in order to manufacture and sell marijuana-infused products, a Marijuana-Infused Product Provider (MIPP) license (also referred to as a Chemical Manufacturing Endorsement) is required, but first, you need to get a Provider license.

Furthermore, one person is allowed to hold one Provider/MIPP license, but that person can hold multiple dispensary licenses.

License Types

  1. Provider Licenses
  2. MIPP Licenses
  3. Dispensary Licenses
  4. Testing Licenses

License Fees

Provider: Caretaker Relative Provider for 1 immediate relative who resides in the same home as the caregiver = $100 license fee; Provider for 0-10 cardholders = $1,000 license fee; Provider for 11-49 cardholders = $2,500 license fee; Provider for 50+ cardholders = $5,000 license fee

MIPP: $500 license fee

Dispensary: $500 license fee but applicants may apply for one dispensary license at the same location as the provider/MIPP license at no charge.

Laboratory: $2,000 license fee

License Timeline

Montana is currently accepting applications for all license types.

Testing

Cannabis testing by a licensed lab is required in Montana.

Training

Montana does not require that license holders attend any training aside from METRC Level 1 Training, which is provided by Metrc LLC and DPHHS. This training must be completed prior to submitting a business license application and teaches attendees about the state’s required Marijuana Enforcement Tracking Reporting & Compliance system.

Adult-Use Cannabis Business Laws

The business laws for Montana’s recreational marijuana program have not yet been released as of the time of this writing.

Learn More about Cannabis in Montana and How to Work or Start a Business in the Montana Cannabis Industry

Leafy Green Agency offers a variety of certification seminars for people who want to start businesses, find jobs, get promotions, or invest in the cannabis industry in Montana and across the country. Follow the link to register for an upcoming seminar.

Sources and More Information

Data current as of 11/5/20.